Smith Thompson

“ There are other pleas to the merits interposed, de bene esse, by all the defendants, and which have not, of course, been in any manner considered or disposed of by the court below, as the pleas to the jurisdiction of the court were sustained, and the petition dismissed. Nor does the record contain the necessary matter to enable this court to dispose of the case upon its merits; some of these, turning upon questions of fact, the evidence to sustain which not all appearing upon the record; and the cause must, therefore, necessarily go back for further proceedings on those pleas. ”